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BOLTZ v. BOLTZ

No. 86-0609.

133 Wis.2d 278 (1986)

395 N.W.2d 605

Leonard Edwin BOLTZ and Susan Boltz, his wife, Plaintiffs-Respondents, v. Howard William BOLTZ and Carole Boltz, his wife, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided September 2, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants, Howard William Boltz and Carole Boltz, briefs were submitted by Gary R. McCartan, S.C, by Sharon M. Gisselman, of Wausau.

For the plaintiff-respondents, Leonard Boltz and Susan Boltz, a brief was submitted by George P. Kersten of Kersten & McKinnon, Milwaukee, Wisconsin and Rex M. Smith, Esquire, of Antigo.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Howard and Carole Boltz appeal an order for the sale of property in which Howard owns an undivided one-half interest with Leonard and Susan Boltz. They contend that the property should have been partitioned rather than sold and that the trial court should have appointed a referee to determine whether a basis for partition existed. Because we conclude that the correct statutory procedure was followed in ordering...

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